Affiliate Network Operating Agreement – Terms & Conditions

This Affiliate Network Operating Agreement (the "Agreement") is made between AdGoldMedia Group ("AdGoldMedia" or "we") and the Affiliate ("you"), the party submitting an application to become an affiliate of AdGoldMedia. The terms and conditions outlined in this Agreement apply to your participation in the Affiliate Network at publishers.adgoldmedia.com

1. Enrollment in the Affiliate Network

• To join the Affiliate Network, you must submit a completed application from our website.
• After review, you will be notified of the acceptance or rejection of your application, typically within two (2) business days.
• AdGoldMedia may accept or reject your application at its discretion.

2. Obligations of the Parties

AdGoldMedia’s Obligations:

• AdGoldMedia will provide you with Links (graphic and textual), which may be used on your website, in emails, and in online advertisements, leading to the Program Web Site.
• Commissions will be paid for each Qualified Action (a qualified action occurs when an individual completes a required action as defined by AdGoldMedia).
• Commissions will be paid bi-monthly if the balance is over $50. If the balance is below $50, it will carry over until the $50 threshold is met.
• Payment depends on AdGoldMedia receiving funds from Clients, and in cases where no funds are received, AdGoldMedia is not liable for commissions.

Affiliate’s Obligations:

• Maintain the development, operation, and content of your Media (websites, emails, ads, etc.).
• Ensure that your Media complies with all laws and does not contain Objectionable Content (e.g., illegal, defamatory, obscene, or harmful material).
• Avoid making any unauthorized representations about AdGoldMedia or its Clients.
• Ensure compliance with all relevant laws and policies regarding the Affiliate Program and your Media.
• Prominently display a privacy policy in compliance with applicable laws.

3. Email Campaigns and Advertising

• Suppression List: For email campaigns, you must filter your email list by the "Suppression List" and remove any entries appearing on it.
• Opt-out Process: Your emails must provide an opt-out method. Failure to comply with the suppression list may lead to suspension or legal consequences.
• Pop-ups/Unders and Ads: You may not place Links on chat rooms or bulletin boards without written permission. Pop-ups/unders must be clearly identified as affiliate-served.

4. Affiliate Network Campaigns

• If you run your own affiliate network, you must ensure that Third Party Affiliates comply with this Agreement and maintain ethical practices.
• You are responsible for your Third Party Affiliates' actions and must terminate any affiliates violating the terms of this Agreement.

5. Confidentiality

• All information about AdGoldMedia, its clients, and this Agreement is confidential and may not be shared without consent.
• You must not use the information obtained from the Affiliate Program to develop services competing with AdGoldMedia.

6. Intellectual Property

• You are granted a non-transferable, revocable license to use the Links and associated materials only for the purpose of promoting the Affiliate Program.
• You may not alter or create derivative works of the Links or any AdGoldMedia materials.
• Any suggestions or feedback you provide may be used by AdGoldMedia without compensation.

7. Termination

• You may terminate participation in the Affiliate Program by removing all Links from your Media.
• AdGoldMedia may terminate your participation at any time with or without notice.

8. Remedies and Consequences

• AdGoldMedia reserves the right to withhold, freeze, or charge back commissions if violations occur.
• In cases of fraud or material breach, AdGoldMedia may take appropriate legal action, including disclosing your identity to law enforcement.

9. Anti-Spam Policy

• You must strictly adhere to the CAN-SPAM Act of 2003. All emails related to the Affiliate Program must include an opt-out link.
• You are responsible for ensuring your emails comply with the law and are not misleading.

10. Fraud

• Fraudulent activities, such as using automated systems to increase clicks or submissions, are prohibited.
• AdGoldMedia will determine fraudulent activity in its sole discretion.

11. Modifications to Agreement

• AdGoldMedia may modify this Agreement at any time by emailing you. Modifications become effective 10 business days after notice.
• You may terminate your participation if you disagree with the changes within this period.

12. Indemnification

• Affiliate’s Responsibility: You agree to indemnify AdGoldMedia against any claims resulting from your breach of this Agreement or misuse of the Links.
• AdGoldMedia’s Responsibility: AdGoldMedia agrees to indemnify you against claims that it is not authorized to provide you with the Links.

13. Independent Investigation

• You confirm that you have independently evaluated your participation in the Affiliate Program and are not relying on any representations other than those outlined in this Agreement.

14. General Terms

• This Agreement constitutes a legally binding obligation, and you represent that you have the authority to enter into it.
• In case of breach or non-compliance, AdGoldMedia reserves the right to suspend or terminate your participation in the Program.

By participating in the Affiliate Program, you acknowledge that you have read and agreed to all the terms and conditions stated in this Agreement.